If my family lives in a different state then the deceased and do not have the means to fight in probate court, how can they acquire the decased belongings?

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If my family lives in a different state then the deceased and do not have the means to fight in probate court, how can they acquire the decased belongings?

In this case the deceased had a spouse, who refuses to spilt the belongings equaly with the 2 surviving children, although it is mandated by law. Also, we own the house and can evict her but if the belongings are going through probate, how long would that take?

Asked on August 13, 2013 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and the situation.  There is no way of getting around going to the state where he resided at the time of his death and making these arguments before the Probate Judge.  There are filing fees, etc. which I am sure that you are aware but you can ask a court to waive them but if the estate has assets then you may be stuck.  If you have been appointed as the Personal Representative I think that you can evict her from the property when ever you wish. She is just going to fight you.  Any way that you can sit down and come to a compromise as to the belongings?  Ask the court for help mediating?  It is best for everyone.  Good luck.


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